Insegnamento a.a. 2026-2027

The course examines the notions of democracy and the rule of law, both in their doctrinal elaboration and in their practical application.

Different concepts and understandings of democracy will be discussed, with particular focus on the concept of constitutional democracy, based on the separation of powers and the protection of fundamental rights. Specific attention will be devoted to international standards concerning free and fair elections, political rights, and citizens’ participation.

The rule of law will be examined with reference to the seven benchmarks identified by the Venice Commission in its 2025 Updated Rule of Law Checklist: legality, legal certainty, prevention of abuse of power, checks and balances, equality and non-discrimination, access to independent justice, and constitutional review. For each benchmark, case studies will be analyzed, especially from the case law of the European Court of Human Rights and other domestic and supranational courts.

A set of classes will specifically focus on current developments in the United States.

• master the principles of constitutional democracy and the rule of law in light of international standards;

• be familiar with the different ways in which these principles are implemented in specific national contexts; 

• recognize the main threats to constitutional democracy and elaborate on possible remedies;

• identify emerging European and global trends in the evolution of democratic legitimacy and citizens’ participation.

• assess specific constitutional arrangements in the light of international standards;

• apply the principles of constitutional democracy and the rule of law to resolve specific cases and controversies; 

• examine and discuss relevant case law from the European Court of Human Rights and other domestic and supranational courts; 

• critically reflect on contemporary challenges to democracy and the rule of law, including recent developments in the United States; 

• work in team in a constructive way.

• Lectures
• Guest speaker's talks (in class or in distance)
• Company visits
• Interaction/Gamification

Guest speaker's talks: it is planned to have one guest lecture by a leading scholar, with experience in a Council of Europe's body for the protection of democracy and the rule of law; 

Company visits: subject to availability, it is planned a visit to the Council of Europe institutions in Strasbourg.  

Interaction/Gamification: attending students will be involved in Moot Courts and Guided Discussions/Debates on specific case studies. 

Attending students will be evaluated based on a written exam, consisting of 2 open questions and 11 multiple choice questions. 

The multiple-choice questions are intended to assess students’ understanding and knowledge of the main topics covered in the course. The open-ended questions aim to evaluate their ability to apply such knowledge to specific cases and to critically discuss issues related to democracy and the rule of law. 

Attending students will be evaluated based on a written exam, consisting of 2 open questions and 11 multiple choice questions. 

The multiple-choice questions are intended to assess students’ understanding and knowledge of the main topics covered in the course's programm, consisting in a reasoned selection of papers concerning the course's main topics. The open-ended questions aim to evaluate their ability to apply such knowledge to specific cases and to critically discuss issues related to democracy and the rule of law. 

Students are expected to study the slides of the classes, as well as the other materials (judgments and scholarly papers) assigned by the instructors. 

A reading list for non attending students will be delivered at the beginning of the course. Most of the papers will be available in open access or at Bocconi library.